14-27-7.5-18. Emergency Action Plans
Sec. 18. (a) A property owner of property that contains a high hazard dam shall prepare an emergency action plan that includes the following: (1) Identifies conditions that may endanger the dam. (2) Identifies remedial actions to prevent or minimize the downstream impacts of a dam failure. (3) Contains contact information to notify local emergency […]
14-27-7.5-15. Exemption of Department From Liability
Sec. 15. This chapter does not create a liability for damages against the department or the department’s officers, agents, and employees caused by or arising out of any of the following: (1) The construction, maintenance, operation, or failure of a structure. (2) The issuance and enforcement of a notice of violation or a rule issued […]
14-27-7.5-16. Request to Have Structure Declared High Hazard; Notice
Sec. 16. (a) A property owner, the owner’s representative, or an individual who resides downstream from a structure: (1) over which the department does not have jurisdiction under this chapter; and (2) that the property owner, the owner’s representative, or the individual believes would cause a loss of life or serious damage to the person’s […]
14-27-7.5-17. Prior Law; Expiration
Sec. 17. (a) Notwithstanding sections 9 and 10 of this chapter, a structure that before July 1, 2022, was inspected under this chapter as a: (1) high hazard structure is not required to be reinspected for two (2) years from the date of the previous inspection; (2) significant hazard structure is not required to be […]
14-27-7.5-2. “Hazard Classification System”
Sec. 2. As used in this chapter, “hazard classification system” means a rating assigned to a structure by the department based on: (1) the height of the structure and the volume of water impounded by the structure; and (2) the force of the water and the likely consequences resulting from the uncontrolled release of its […]
14-27-7.5-3. “Height”
Sec. 3. As used in this chapter, “height” means the vertical dimension of a structure as measured from the lowest point in the natural streambed or watercourse under the centerline of the structure to the top of the structure. As added by P.L.148-2002, SEC.15.
14-27-7.5-4. “Owner”
Sec. 4. As used in this chapter, “owner” means an individual, a firm, a partnership, a copartnership, a lessee, an association, a corporation, an executor, an administrator, a trustee, the state, an agency of the state, a municipal corporation, a political subdivision of the state, a legal entity, a drainage district, a levee district, a […]
14-27-7.5-5. “Structure”
Sec. 5. As used in this chapter, “structure” means a dam and its appurtenant works. As added by P.L.148-2002, SEC.15.
14-27-7.5-6. “Volume”
Sec. 6. As used in this chapter, “volume” means the amount of water that is impounded by a structure: (1) at or below the elevation of the top of the structure; or (2) at or below the maximum design flood pool elevation; whichever is lower. As added by P.L.148-2002, SEC.15.
14-27-7.5-7. Maintenance, Repair, and Sale; Duties of Owner
Sec. 7. (a) The owner of a structure shall maintain and keep the structure in the state of repair and operating condition required by the following: (1) The exercise of prudence. (2) Due regard for life and property. (3) The application of sound and accepted technical principles. (b) The owner of a structure shall notify […]